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Resolution-PC 2011-084RESOLUTION NO. PC2011 -084 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 11 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2011-04867 (DEV2011- 00104) (5703 -5705 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission did receive a verified Petition for and Variance No. 2011 -04864 for that certain real property located at 5703 -5705 East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and, WHEREAS, the subject property is located in the General Commercial (Scenic Corridor Overlay) (C -G) (SC) zone, and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the proposed request is to permit four wall signs on four building elevations for an existing commercial retail building. The request includes a variance for the following: SECTION NO. 18.18.090.050.01 Maximum number of wall signs. (2 signs permitted; 4 signs proposed). WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 7, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The requested variance is hereby approved because there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 1 PC2011 -084 2. Strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15311, Class 11 (Accessory Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission for the reasons hereinabove stated does hereby grant Variance No. 2011 -04867 to permit four wall signs on the north, south, east and west building elevations, subject to the conditions of approval herein. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 2 PC2011 -084 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION-w s adopted at the Planning Commission meeting of November 7, 2011. i 7 CHAIRMAN, ANAITEIIVI CITY PLC IN COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 7, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, SEYMOUR NOES: COMMISSIONERS: LIEBERMAN, RAMIREZ ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of November, 2011. 1 SENIOR SECRET , ANAHEIM CITY PLANNING COMMISSION 3 PC2011 -084 APN: 349 -381 -15 349 -381 -17 349 - 381 -10 349- 381 -12 349 - 381 -19 349 -381 -14 349 -381 -20 349 - 381 -20 EXHIBIT "A" DEV NO. 2011 -00104 CITY'OF YORBA LINDA CITY OF ANAHEIM 4 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. PC2011 -084 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 This property shall be developed substantially in accordance with the plans, technical studies and specifications submitted to the City of Anaheim by the applicant and as conditioned herein, which includes the Sign Plans dated September 12, 2011 (Exhibit Nos. 1 -3). Said plans and studies are on file in the Planning Department. Plannin Services Division EXHIBIT `B" VARIANCE NO. 2011-04867 (DEV2011- 00104) 5 PC2011 -084